• It concedes that NCAA investigators Bryanna Barnhart and Abigail Granstein told Haith and Morton comments that weren’t accurate during their interviews. But the NCAA disputed UM’s and the former coaches’ claim that Barnhart and Granstein did it to try to elicit confessions from them.
“While the enforcement staff acknowledges that the two enforcement members did misspeak in the questioning of Haith and Morton, the enforcement staff disagrees with the assert that it was done with unethical intent or that it impacted the underlying allegation,” Duncan wrote, adding there is “no evidence Barnhart or Granstein intentionally misled Haith in an attempt to elicit confessions.”
Among other revelations:
• UM attorney Judd Goldberg told the NCAA that UM previously hired Wayne Black to investigate Shapiro and he submitted an oral report. Details of what Black uncovered were not in the letter.
• Haith said the fact former investigator Ameen Najjar wrote a letter on behalf of Shapiro to his judge, days before his sentencing, suggested a rush to judgment by the NCAA enforcement staff because nobody else had been interviewed except Shapiro when the letter was written.
Duncan said the enforcement staff “does not agree” with that. UM also raised concerns about the letter.
“Thought Najjar wrote a letter than could be seen as vouching for Shapiro’s credibility, it is clear the enforcement staff took additional steps in the months ensuing to determine whether the information Shapiro and others reported was accurate,” Duncan said.
• The NCAA disputed UM’s claim that it was “highly suspect” that it waited to suspend guard Durand Scott hours before a 2012 Atlantic Coast Conference tournament game. The violation reportedly resulted from Fernandez allegedly paying for a flight for Scott's AAU coach, resulting in a six-game suspension.
Duncan said “the enforcement staff is offended by the accusation that it purposely timed the decision to have a negative impact on a specific student-athlete and entire team.”
He said UM was incorrect in asserting the NCAA was "incompetent, unprofessional and uncooperative" in its handling of the matter.
• On the fact the NCAA never interviewed former UM athletic director Paul Dee during the investigation, Duncan said: “The enforcement staff planned to. … Because Dee’s death was unexpected, the enforcement staff could not have predicted that he would not be available for an interview in June 2012.” Dee died in May 2012
• On UM’s claim the investigation took too long, Duncan said: “If the committee on infractions agrees that the investigation lagged, the enforcement staff accepts responsibility. However, … there are no legislated timelines for an NCAA inquiry.”
• Duncan said the enforcement staff alleged a violation by Shapiro only if it “believed the information provided by Shapiro was credible, reliable, corroborated…In addition, there was information reported by Shapiro that did not ultimately form the basis of an allegation.
“The reason for not bringing some allegations was not that the enforcement staff did not find Shapiro to be credible, but rather the enforcement staff had an obligation to provide the legislated standard for bringing an allegation.”
Duncan said Shapiro “provided the enforcement staff with pictures, bank records, phone records, credit card receipts that corroborate statements made in his interviews.
UM asserts that at least 20 of the violations alleged by the NCAA against the school were unsubstantiated by anyone besides Shapiro.